Assist In The Study Of The Judicial Application Of Information Network Criminal Activities

With the rapid advancement of Internet technology,in order to cope with new types of cybercrimes that are increasingly harmful to society,this crime has been added to the Criminal Law Amendment(IX);In 2019,the Supreme People’s Court and the Supreme People’s Court issued the Interpretations on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Assistance in Information Network Criminal Activities(hereinafter referred to as the Interpretations).Since the issuance of the Interpretation,the number of judicial judgments against this crime has increased explosively,from 86 in 2019 to 2,545 in2020,and 18,801 in 2021.The issuance of the Interpretation provides guidance for the accurate application of this crime.However,there are still controversies over the determination of subjective "knowing" and the knowledge of "others committing crimes through information networks" and the punishability of objectively neutral assistance and the determination of "serious circumstances".In view of this,this article will focus on analyzing the current situation of judicial application of the crime of helping information network criminal activities from the perspective of practical judgment and judicial application,and based on the judicial judgment cases themselves,by introducing two judicial adjudication dispute cases,"Fu fraud case" and "Xie helping information network criminal activities",to sort out the focus of disputes between the two parties in the process of case adjudication,and summarize the unity and particularity of case determination.This article will first analyze the determination of "knowing" in the subjective aspect of this crime,and make certain additions to the situation of "presumption of knowledge",discussing that the understanding of "crime" in this crime of knowing that "using others to use information networks to commit crimes" should follow the objective level to meet the elements of crime,and the understanding of violating the understanding of criminal law should be adopted for the determination of "helping behavior" to violate the law understanding.In terms of the analysis of the objective elements,it distinguishes the negative situation of the subject discussing the neutral help behavior,and at the same time takes into account the punishability of the neutral help behavior,makes in-depth research on the determination of "serious circumstances" in the objective elements of this crime,and gives suggestions for further refinement of the standards.Further distinguish between the crimes involved in the case and this crime,and analyze this crime from multiple angles the crime of fraud,concealment of criminal proceeds,and criminal proceeds.